Terms

Terms of Use

MyCaboodle Pty Ltd ACN 608 657 594 provides and maintains the MyCaboodle website. Your access and use of the website is subject to the following terms and conditions (the "Terms of Use") and all applicable laws. Moreover, your access of the MyCaboodle website is an acknowledgment that you have read, understood and accept the following Terms of Use:

  1. All material on the website is protected by copyright unless otherwise stated and may not be used except as permitted in these Terms of Use.
  2. You have first paid such fees (if any) payable to us for the right to access and/or download data from the MyCaboodle website.
  3. You expressly agree not to breach our copyright or our other intellectual property rights or the intellectual property rights of any third party content providers.
  4. You must not copy, distribute or transmit, modify, reuse, republish, upload to a third party or use the content of our website with the deliberate intention of detrimentally affecting us or detrimentally affecting any third party content providers.
  5. If you are a non-commercial user, you may use and download material displayed on the website for your non-commercial and personal use only.
  6. If you are using this website for commercial purposes you may only use the information or download material from this website for internal use within your business or organisation, such as in relation to your briefs for work, quotations, specifications, designs, plans, modelling, and the like.
  7. You must not attempt to pass off any design elements of the website or any content or data collected from the website as your own.
  8. Any trademarks used on this website are either trademarks of MyCaboodle Pty Ltd (or its affiliates) or used on the website with the permission of their respective owners. Nothing contained on this website should be construed as granting you any license or right to use any trademark displayed on the website without the express written permission of the trademark owner.
  9. Design features and content of the MyCaboodle website may be changed by us at any time without notice to you.
  10. Any information relating to products, specifications, weights, dimensions, prices, supply, availability and delivery referred to in third party product catalogues or depicted on the website as third party information or products are out of the control of MyCaboodle Pty Ltd and are subject to change by third parties without notice. MyCaboodle Pty Ltd accepts no responsibility for the accuracy of or changes to such third party information. You must carry out your own independent due diligence.
  11. You must not restrict or inhibit any other person from using or enjoying the MyCaboodle website.
  12. You must not download onto or post any material on the MyCaboodle website: (a) which is unlawful, threatening, harassing, defamatory, libellous, obscene, pornographic or profane; (b) that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law.
  13. Where MyCaboodle Pty Ltd provides you with user details to facilitate your use of or access to the MyCaboodle website, or a particular section of the website, you must not disclose your user details to any other person without our prior written consent.
  14. It is the user’s responsibility to ensure their user details are kept secure and not disclosed to any other person. You are solely responsible for all activities that occur using your user details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your use details. MyCaboodle Pty Ltd is entitled to assume and act on instructions received under your user details. MyCaboodle Pty Ltd shall not be liable for any changes made to your user details by another person using your user details, or for any loss or damage arising from your failure to adequately protect your user details.
  15. You agree to indemnify MyCaboodle Pty Ltd against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by MyCaboodle Pty Ltd as a result of or in connection with any negligent act or omission, use or misuse of the MyCaboodle website, violation of the rights of another user of the website, or a breach of these Terms of Use, by you or anyone using your user details.
  16. MyCaboodle Pty Ltd may terminate this agreement and your access to the MyCaboodle website at any time without notice. In the event of termination, you are no longer authorised to access the website, but any and all restrictions imposed on you under the Terms of Use, and disclaimers and limitations of liability will survive such termination.
  17. The Terms of Use are to be governed by and construed in accordance with the laws of Queensland, Australia.
  18. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.



Disclaimer
The material published on this website is provided by MyCaboodle Pty Ltd as an information source only. The information provided is not intended to be relied on as advice. You should seek appropriate independent professional advice tailored to your specific circumstances before making any decisions based on the information on the MyCaboodle website.


MyCaboodle Pty Ltd, its directors and officeholders make no statements, representations, or warranties about the accuracy, completeness or reliability of the information herein, and you should not rely on any information contained in this website.


MyCaboodle Pty Ltd, its directors and officeholders disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses (including direct and indirect losses), damages and costs you may incur as a result of the information on this website being inaccurate or incomplete in any way, and for any reason.


MyCaboodle Pty Ltd, its directors and officeholders gives no guarantee that your access to the MyCaboodle website will be uninterrupted, timely, or secure.


MyCaboodle Pty Ltd, its directors and officeholders makes no warranties that the information on this website is free of infection by computer viruses or other contamination. Before accessing the MyCaboodle website you are strongly recommended to ensure you have your own up to date and valid anti-virus and/or other protective software against viruses, worms or other code with contaminating or destructive properties. You indemnify MyCaboodle Pty Ltd, its directors, officeholders, employees, contractors, and agents against any costs, expenses, losses, damages and liability suffered or incurred by you or your customers arising from viruses, worms or other destructive code.

Third party websites
Where the MyCaboodle website provides hyperlinks to other third party websites you are warned that such third party websites are not under our control. MyCaboodle Pty Ltd, its directors and officeholders can therefore make no representation concerning the content of such third party websites, nor should the fact that we have referred you to these websites imply that we endorse any content of these third party websites.


Provision of hyperlinks or referrals to third party websites is provided for convenience only. MyCaboodle Pty Ltd, its directors and officeholders do not warrant, guarantee or make any representation regarding the correctness, accuracy, reliability, currency, or any other aspect regarding the nature, content or use of the information presented on third party websites.

Liability
MyCaboodle Pty Ltd, its directors and officeholders accept no responsibility for any loss resulting from any action or decision by you relying on the information presented on the MyCaboodle website. You expressly agree and understand that in no circumstances will MyCaboodle Pty Ltd, its directors and officeholders be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising which result from the use of the MyCaboodle website.

You are advised certain information on the MyCaboodle website is derived from third party sources. MyCaboodle Pty Ltd has provided such third party information in good faith.


You use the MyCaboodle website at your own risk. You indemnify MyCaboodle Pty Ltd, its directors, officeholders, employees, contractors, and agents against any costs, expenses, losses, damages and liability suffered or incurred by you or your customers arising from use of the MyCaboodle website.

MyCaboodle Pty Ltd excludes all implied conditions and warranties except to the extent of any condition or warranty which cannot by law be excluded. MyCaboodle Pty Ltd limits its liability for breach of any non-excludable condition (to the extent that such a breach can by law be limited) and for any other error or omission posted upon the MyCaboodle website whether in content or advertising or otherwise.

MyCaboodle Pty Ltd excludes all other liability to users of this website for any costs, expenses, losses or damages suffered or incurred by the user of this website whether liability arises in contract, tort (including by MyCaboodle Pty Ltd’s negligence) or under statute. Without limitation, MyCaboodle Pty Ltd will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue, and loss of business opportunity.